Wright v. Alms

368 S.W.2d 34, 1963 Tex. App. LEXIS 2320
CourtCourt of Appeals of Texas
DecidedMay 2, 1963
DocketNo. 4090
StatusPublished
Cited by2 cases

This text of 368 S.W.2d 34 (Wright v. Alms) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Alms, 368 S.W.2d 34, 1963 Tex. App. LEXIS 2320 (Tex. Ct. App. 1963).

Opinion

TIREY, Justice.

The action is grounded on injuries resulting on account of a rear end automobile collision in Chambers County, in which Mrs. Blackmon, who was driving her car, and her sister, Mrs. Alms, accompanying her, were injured as a result of the appellant’s car colliding with the rear end of the Blackmon car, both cars being on a public highway and going in the same direction. Defendant admitted liability in the trial court. It was stipulated that defendant is a resident of Bee County, Texas. Plaintiffs, Verna Alms and Ira Mae Black-mon, are both residents of Harris County, Texas; Wright was driving a Chevrolet automobile and Mrs. Blackmon was driving a Mercury automobile, and Wright’s automobile collided with the rear end of the Blackmon automobile on June 4, 1961, in Chambers County on a public highway; as a result of the collision Wright was charged with violation of the traffic laws for failing to pass to the left of the car driven by Mrs. Blackmon while approaching it from the rear, and Wright entered a plea of guilty to that charge before the Justice of the Peace in Mont Belvieu. At the time of the collision, Mrs. Alms was 47 years of age and had a reasonable life expectancy of 23.08 years, and Mrs. Black-mon was 48 years of age and had a reasonable life expectancy of 22.36 years.

In appellant’s brief we find':

“Appellant James B. Wright, admitted liability for any and all damages actually sustained by appellees, proximately caused by his negligence, in the automobile collision made the basis of the respective suits.
“Having admitted liability, appellant, James B. Wright, moved the Court, by timely filing a Motion in Limine, to restrict the evidence adduced on the trial of these causes to that pertaining to the issues of damages, to the exclusion of all evidence pertaining to the cause or causes of the automobile collision, and the circumstances attendant thereto. Said Motion was by the Court overruled, to which ruling appellant duly excepted.
[35]*35“Thereafter, during the trial of these causes, as evidence considered by the appellant to be pertaining to the cause or causes of the automobile collision, and the circumstances attendant thereto, was offered, appellant objected to its introduction. The basis for such objection were that such evidence was irrelevant to the sole issues in the cases, the damage issues, and that such evidence was highly inflammatory and prejudicial to appellant, James B. Wright.
“In all cases, such evidence was admitted by the Court for the limited purpose of-showing severity of impact as such impact, at collision, might bear on the injuries received by appellees.”

The court submitted 2 issues to the jury: (1)as to the damages sustained by Mrs. Alms, to which the jury answered $9,950.00; and (2) as to the amount of damages sustained by Mrs. Blackmon, to which the jury answered $9,950.00. Judgment was entered accordingly for each, together with all costs of suit and for 6% interest. Wright perfected his appeal to the Houston Court, and the cause is here on transfer.

The judgment is assailed on what appellant designates as 5 points. They are substantially to the effect:

(1) In overruling defendant’s Motion in Limine;

(2) In admitting into evidence the testimony of the witness Henry that, just before the collision, appellant Wright was operating his automobile in excess of the legal speed limit; that the automobile of appellees came to rest several hundred feet from the point of impact; that the only skid marks at the scene of the accident were- those made after the impact; that the skid marks of the automobile of appellant extended off the pavement, into a field, and that the automobile of appellant traveled several hundred feet after the impact before coming to rest;

(3) In admitting into evidence the testimony of the witness Ricketson that skid marks at the accident scene indicated that the automobile of appellant traveled off the pavement, after impact, for a considerable distance, and that skid marks left by appellant’s automobile were “heavy” as compared to “light”.

(4) In admitting into evidence Plaintiffs’ Exhibits Nos. 4 — 11, being photographs depicting skid marks at the accident scene, indicating that the automobile driven by appellant traveled several hundred feet after impact, off the pavement, into a field before coming to rest;

(5) In admitting into evidence Plaintiffs’ Exhibits Nos. 12-13, being photographs of the automobile occupied by appellees, allegedly indicating damages sustained in the collision in question. Appellant says that the points of error are closely inter-related and for that reason he presents them together under one statement.

Appellees present one counter statement and it is to the effect that the court did not err in admitting evidence of the severity of the impact, where it was offered and admitted for the limited purpose of its relation to the issues of the type and extent of appellees’ injuries.

Appellant contends that since he admitted liability certain evidence relating to the speed of his car should not have been allowed by the court over the objection of appellant, on the ground that it was irrelevant and immaterial. However appellant, in his brief, admits that this is a matter largely within the discretion of the trial court; but he does not say the court abused its discretion. Appellant further admits in his brief that the court in all instances admitted the evidence objected to for the limited purpose of showing severity of impact as it might bear on the injuries claimed by the appellees. The Statement of Facts shows that in all instances where appellant complains of such evidence, the testimony offered was always made with [36]*36the specific statement by counsel for ap-pellees that such evidence was being offered for the limited purpose of showing the severity of the impact as it might bear out the injuries complained of by appellees. Counsel for appellees further announced to the court that the testimony was not offered to prove liability. For, example, we quote from the Statement of Facts:

“If your Honor please, plaintiffs offer the testimony of the witness, Gladman Henry, not for the purpose of establishing any liability for the defendant in any respect, but only for the purpose of showing the severity of the blow, or the impact, as it might relate to the physical injuries received by the plaintiffs.”

Since the appellant admitted liability for the accident, did the trial court commit reversible error in admitting the testimony complained of with reference to the factual situation showing or tending to show severity of the impact? We think the answer is “No.” First of all, the injuries suffered by each of the plaintiffs in the nature of bruises and contusions are without any question whatsoever, but each of the plain-' tiffs contended that they were suffering severe pain and discomfort because of 'injuries sustained to their backs, and the evidence in this behalf was to the effect that each of the plaintiffs was suffering from spondylolisthesis that had been aggravated because of the severity of the blow, and that this condition had partially disabled them for the rest of their lives, and that they would suffer discomfort by reason thereof for the rest of their lives.

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Bluebook (online)
368 S.W.2d 34, 1963 Tex. App. LEXIS 2320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-alms-texapp-1963.